Victorville bar owners perplexed by DA’s charge

VICTORVILLE • The owners of a local bar that welcomes gay and lesbian patrons say they can't understand why the District Attorney is pursuing charges against their establishment.

Michael Voeltz, co-owner of Ricky's Bar in Victorville, with his sister Karen Voeltz, said an Alcoholic Beverage Control agent found six unsanitary bottles of alcohol at the Victorville bar during a routine investigation in February.

The issue was dismissed by ABC, but the DA then filed a misdemeanor complaint based on the administrative complaint, according to Voeltz's attorney Valerie Ross.

"I think someone wants us shut down because we're a gay bar," Michael Voeltz said. "What other reason to move on a bar with such a serious charge against such a petty case?"

Ross did not explicitly say that discrimination was the basis for the DA's actions, but she did say "selective prosecution comes to mind when dealing with the bar case."

Michael Voeltz, who was out of town during ABC's visit, said officials cited his sister, who was the bartender at the time of the visit.

"Every bar has bar flies that go after sweet liquors; that is why we check out bottles on a regular basis," Voeltz said. "We never served any customer with bugs in our drinks."

A species of fruit fly is known to gather around beer taps, dried beer, fruit, drains, pipes, cloths, mops, rags, and sweet fruit-flavored liqueurs.

After asking for all liquor invoices, ABC told Michael Voeltz about a week later to take better measures in keeping bottles clean and dropped the case, according to Voeltz.

"Paperwork has not been completely processed through the court on (Karen Voeltz's) case, but that should be accomplished by mid-week," Ross said. "Once that is done, I will be representing her as well."

Ross said in 33 years of being an attorney, she has never come across a case similar to the Voeltz's, so she will conduct intensive research on similar cases in the county.

"We answer to the justice system and the citizens of San Bernardino County," said District Attorney Christopher Lee in a written statement Thursday. "And if there is sufficient evidence indicating that a crime has been committed, we have a duty to represent the people."

Court records show that a trial could begin as early as Monday, but Ross said she will file a discovery motion with the court to have more time to investigate the unusual case.

"I also need to find out how many times the county had used this against similar defendants," Ross said. "If the continuance is granted, there will be no Monday jury trial."

The ABC said they could not address the issue at this time.

If convicted the defendants could face up to a $2,000 fine and/or up to one year in county jail.

Rene De La Cruz may be reached at 760-951-6227 or at RDeLaCruz@VVDailyPress.com.

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